RAJBIRS Vs. DEPUTY DIRECTOR OF CONSOLIDATION MEERUT

JUDGEMENT

(1.) I have heard the learned counsel for the petitioners, and the respondent Nos. 4 and 5. With the consent of the learned counsel appearing for the parties, the writ petition is decided at the admission stage.

(2.) This is a petition under Article 226 of the Constitution of India for issuance of writ of certiorari quashing the judgment and order dated 17th February, 1999, passed by the Deputy Director of Consolidation, Meerut, respondent No. 1, and the judgment and order dated 26th July, 1997, rendered by the Settlement Officer (Consolidation), Meerut respondent No. 2, (Annexures-'5' and '4' respectively to the writ petition).

(3.) One Smt. Murti Devi was the owner of the disputed Chak No. 821, according to the petitioners she executed a Will in their favour on 10th July, 1987, according to the respondent Nos. 3 and 4 Virendra Singh and Mahendra Singh she had executed a Registered Will in their favour on 9th July, 1987, one day prior to the alleged Will in favour of the petitioners. Both the petitioners and the respondents, on the basis of the Will alleged in their favour, applied for mutation of their names. The Consolidation Officer, Meerut by his judgment dated 12th July, 1993 accepted the claim of the petitioners, and ordered for mutation of the petitioners' name. Aggrieved by the said judgment of the Consolidation Officer, the respondent Nos. 3 and 4 preferred appeal before the Settlement Officer (Consolidation), Meerut. The Settlement Officer (Consolidation). Meerut remanded the case to the Consolidation Officer, Meerut. Both the petitioners and respondent Nos. 4 and 5 had grievance against the said order, preferred revisions before the Deputy Director of Consolidation, Meerut, who by a common judgment rejected the petitioners' revision and accepted the revision preferred by the respondent Nos. 4 and 5 and directed for mutation of the names of the respondent Nos. 4 and 5 over the disputed plots. The petitioners having grievances against the said order have preferred this writ petition.